Posted on 09/05/2009 4:04:45 PM PDT by ChrisInAR
My home state of California usually interacts with the federal government by genuflecting. But, on a few issues - very few, that is - they’ve got plenty of backbone.
Most notably, marijuana.
Last week, the California State Senate passed Senate Joint Resolution 14 (SJR14), calling on the federal government to end their “interference in state medical marijuana laws.” If passed by the Assembly, it will be sent on to Congress and the White House as an official position of the California legislature.
THE INTERSTATE COMMERCE CLAUSE
Under the Constitution of the United States, the federal government is authorized to exercise only those powers which have been delegated to it by the People. This is affirmed by the ratification of the 10th Amendment, which states, ”The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The federal government has often taken the position that it can still wage its “war on marijuana” under the “Interstate Commerce Clause” in Article I, Section 8 of the Constitution. But, some experts see this kind of explanation as quite a stretch.
Most importantly, the Interstate Commerce Clause, as understood by the founders, was meant to empower the federal government to regulate trade among the states. One of the chief concerns this addressed was preventing States from imposing restrictive taxes on goods coming from other states.
The Founders, however, made it quite clear that this would not authorize the government to take over fields like agriculture. Clearly, this hasn’t stopped today’s politicians and judges from turning that original meaning nearly upside down.
FIREARMS TOO
While the stand off on state marijuana laws has been going on for over a decade, firearms is a new front in the Commerce....
(Excerpt) Read more at tenthamendmentcenter.com ...
Too few, that's why the state is broke.
Obama to California: "Umm... OK?"
Boy, that's showing 'em, Sacramento. You sure told him.
“But, on a few issues - very few, that is - they’ve got plenty of backbone.”
Sacremento is a snake pit. Invertebrates abound.
California still has a lot of clout though, particularly with the Democrats. Anything that can weaken the current interpretation of the commerce clause is all good as far as I’m concerned. How ironic it is that the subject of such an important battle is a mere recreational drug, while across the country Federal interference has caused and is causing whole industries to go to seed.
Those clowns worry about PotHeads but wouldn’t do anything to get water to the fields and orchards of the Central Valley that the Feds shut off!
the tenth amendment is for all states...but the lefty ones must sacrifice their big federal government BS paradigm to use it....Sweet.
A joint resolution.
We Califonians are resolute about our joints.
Memo to California Potheads:
Commence mass orgasm.
That is all.
That's kinda funny.
Wonder what the average Californian is going to think when some hikers eventually get lit up by some Mexicans guarding their marijuana farm in the middle of the forest?
You’re correct! There isn’t a Dem hack in the state, who has the cojones to tell the Feds to pound salt; or those water valves would have been turned long-ago!
Let us smoke our dope duuuuuude!
a “ Joint Resolution “
fer sure
These “dispensaries” are in violations of federal law I do not know where to start.The big one is these dispensaries are in violation of the 1970 Controlled Substances Act. Many of these dispansaries are open near grade schools and high schools. That can be in violation of the “thousand foot rule”.
It is a felony to sell drugs within 1000 feet of a school
I am doubly for this resolution because of how conflicted it will make the leftists who are now in power in DC. They demand that Republicans stay out of their bedrooms. I demand they stay out of my pot stash. The reason is simple: I don't have a pot stash and never will. But I look forward to the regulation of every other thing the Feds have usurped over the years being returned to the “states and to the people”.
Thank you...I'll toke to that! :-)
& the fact that the federal law is in violation of the Constitution (which is an even higher law, no pun intended...well, maybe) doesn't bother you?
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